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Started By
Message
re: Signing a "non-compete" almost a year after starting a job?
Posted on 3/6/15 at 8:18 am to TigerGman
Posted on 3/6/15 at 8:18 am to TigerGman
quote:
In Louisiana they're perfectly legal
True
quote:
and favored in the law.
False. La wants people to be able to work, not to be stuck on welfare.
quote:
They are enforced all the time
False. Not much litigation over it.
quote:
if he refuses to sign he'll probably get fired
True
Posted on 3/6/15 at 8:24 am to TigerGman
quote:
You "bartender lawyers" couldn't be more wrong. In Louisiana they're perfectly legal and favored in the law.
1. They are legal
2. They are most certainly not favored
3. Give me a gin & tonic and make it snappy.
ETA:
______________________
I have had non-competes upheld in court, with injunctions and attorneys' fees in some cases. In other cases, I have advised clients against pursuing non-compete remedies. Assuming the non-compete is valid and enforceable in accordance with the terms of R.S. 23:921, the individual circumstances will weigh heavily on how the court views the case. OP needs a lawyer if he is concerned about the ramifications of signing.
This post was edited on 3/6/15 at 8:35 am
Posted on 3/6/15 at 8:26 am to TigerGman
I am in KY and I don't have a dog in the fight so this is easy for me to say...but...I have refused to sign a non-compete...and got away with it. My justification was...it was not a condition of my being hired to begin with. FYI...KY is a "terminate without cause' state...so I could have gotten canned regardless.
This post was edited on 3/6/15 at 8:27 am
Posted on 3/6/15 at 8:30 am to King of New Orleans
I wouldn't sign a damn thing if already working there.
Posted on 3/6/15 at 8:39 am to King of New Orleans
Sign it or they can fire you. Continued employment can be consideration for an employment contract.
Posted on 3/6/15 at 8:44 am to King of New Orleans
No, you don't have to sign it. You can refuse and hope they won't fire you.
Posted on 3/6/15 at 8:47 am to King of New Orleans
How do these non competes work after being let go? Understand them trying to keep a competitor from stealing me but a man has to work.
Posted on 3/6/15 at 9:20 am to King of New Orleans
my boss when i came to this job said he knew he couldn't enforce a non-compete, but he did have a document that basically said i couldn't contact a current customer of theirs for 2 years if i left on my own volition. it was a pretty fair document i felt. if they fired me, it was fair game.
my predecessor in this position went to work for a competitor full time, while remaining at my current employer part time and not telling the company. he ended up trying to get renewal business for the competitor while pretending to be from our company, so my boss was pretty burned by him.
my predecessor in this position went to work for a competitor full time, while remaining at my current employer part time and not telling the company. he ended up trying to get renewal business for the competitor while pretending to be from our company, so my boss was pretty burned by him.
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